CONSTITUTIONAL LAW 2

Raffaele Bifulco, Angelo Junior Golia

Instructional goals

Study and analysis of the fundamental rights provided for in the Constitution

Prerequisites

Basic knowledge of the main elements of Constitutional Law 1

Intended learning outcomes

Knowledge and understanding of the Italian fundamental rights, placed within the framework of the institutional arrangements of the European Union. Ability to apply knowledge and understanding. The student, acquiring knowledge and understanding the operating dynamics of the main issues relating to fundamental rights Autonomy of judgment: the student will be stimulated to achieve his own autonomy of evaluation and judgment on legal problems and the methodological tools useful for the collection, interpretation and application of regulatory sources, in order to apply them independently and original to the analysis of the problems that will be faced in the workplace. Communication skills. The student will be brought to develop and use with mastery the legal lexicon of constitutional area, with terminological precision and an appropriate rhetorical and argumentative ability. Learning ability. The student will develop the ability to identify and interpret regulatory changes and new doctrinal and jurisprudential orientations, also updating independently.

Course Contents

The course is divided in two parts: 1) analysis of the main legal problems relating to the theory of fundamental rights; 2) analysis of the main constitutional provisions about fundamental rights, also in connection to the case law of the Constitutional court.

Reference Books

Benvenuti M., Bifulco R. (a cura di), Trattato di diritto costituzionale, Volume III. I diritti e i doveri costituzionali, Giappichelli, 2022.

Teaching Methods

Traditional teaching will be integrated, in part of face-to-face teaching hours, by the development of case studies, through the direct involvement of students on cases and regulatory and jurisprudential materials. oral exam

Assessment Method

The exam consists of an oral interview in which the student must demonstrate knowledge and understanding of the institutions and principles of the italiana constitutional rights. The student must be able to analyze independently the sources and the relevant legal guidelines of this law field and use correctly the technical-legal lexicon of the subject, thus demonstrating that he has achieved the method of study and the ability to learn necessary to continue the study of the subject independently. The following assessment criteria will be taken into account for the award of the vote in the Thirties: - knowledge and understanding of institutions and the principles of the subject and their ability to apply them to specific cases (65 %); technical lexicon propertieslegal, ability to consult and evaluate

Thesis assignment criteria

interview

Week 1

Historical aspects. Theoretical aspects: Introductory issues: balancing, guarantees, entitlement Analysis of judgment No. 1/1956 of the Constitutional Court.

Week 2

Fundamental rights and international/EU law. Analysis of Constitutional Court ruling no. 181/2024.

Week 3

Principle of substantive equality Analysis of judgement No. 163/1993 of the Constitutional Court

Week 4

Limits to fundamental rights. Fundamental principles Analysis of Judgment No. 27/1975 of the Constitutional court

Week 5

Individual freedom Analysis of Constitutional Court ruling No. 227/2023 (Esposito case)

Week 6

Collective freedoms Analysis of Constitutional Court ruling No. 195/1972 (Cordero case)

Week 7

Freedom of expression Analysis of the sent. Cass SS.UU. Jan. 18, 2024 (Roman salute)

Week 8

Guarantees of civil and political rights Analysis of judgment No. 192/2023 of the Constitutional Court (Regeni case)

Week 9

Family and School Analysis of Constitutional Court rulings Nos. 162/2014 and 161/2023 (right to parenthood/ heterologous fertilization)

Week 10

Right to health Analysis of judgments C. const. ord. no. 207/2018 and sent. no. 242/2019 (Cappato case)

Week 11

Economic rights Analysis of Constitutional Court judgment No. 290/1974 (political strike)

Week 12

Constitutional duties Analysis of Constitutional Court Sentence No. 86/1977 (defense of the homeland, security and secrecy)